COUNTRY PAPER CRIME, JUSTICE AND SECURITY SYSTEM

Transcription

1 REPUBLIC OF MAURITIUS MINISTRY OF FINANCE AND ECONOMIC DEVELOPMENT STATISTICS MAURITIUS COUNTRY PAPER CRIME, JUSTICE AND SECURITY SYSTEM February 2013 A report prepared in compliance with the World Bank s General Data Dissemination System recommendations, giving an overview of the Crime, Justice and Security System.

2 Contact person: Ms Naigee Guillaume (Statistician) Statistics Mauritius Tel: Extension 1595 (Police) : (Judiciary) : (Prison) : (Probation) nguillaume@mail.gov.mu : cso-cjs@mail.gov.mu February 2013

3 Table of contents CHAPTER 1 CRIME, JUSTICE AND SECURUTY SYSTEM (CJS) Introduction The Crime and Criminal Justice System The Crime, Justice and Security Statistical System Statistics Mauritius Definition and classifications References and manuals used 6 CHAPTER 2 THE MAURITIUS POLICE FORCE Introduction Duties and responsibilities Institutional framework and accountability Structure Methods of data recording Automation Data collection and publications Indicators Metadata 20 CHAPTER 3 THE JUDICIARY Introduction Responsibility of the Judicial System Institutional framework and accountability Structure Composition and Criminal Jurisdiction of the Supreme Court The Judicial Committee of the Privy Council Structure and Establishment of the Lower Judiciary - Subordinate Courts Methods of data recording Automation 30 1

4 Data collection and publication Indicators Metadata 32 CHAPTER 4 MAURITIUS PRISONS SERVICE Introduction Duties and Responsibilities Institutional framework and accountability Structure and Composition Methods of data recording Automation Data collection and publications Indicators Metadata 41 CHAPTER 5 PROBATION AND AFTER-CARE SERVICE Introduction Duties and responsibilities Institutional framework and accountability Structure and composition Method of Data recording Automation Data collection and publication Indicators Metadata 51 ANNEX 1. The National Criminal Chart 2. Mauritius Police Force forms and registers 3. The Judiciary forms and registers 4. Mauritius Prisons Services forms and registers 5. Probation and After Care Services forms and registers 2

5 Country paper on CJS 2012 Chapter 1 Crime, Justice and Security System (CJS) 1.1 Introduction This report, prepared in compliance with World Bank s General Data Dissemination System recommendations, gives an overview of the Crime, Justice and Security System of Mauritius with regard to the main institutions involved, namely: The Mauritius Police Force (MPF) The Judiciary The Mauritius Prisons Services (MPS) The Probation and After-Care Services It also describes the statistical system of each of these institutions. 1.2 The Crime and Criminal Justice System The present crime and criminal justice system in Mauritius is an adaptation of the British model as the country was a British colony until its independence in It is illustrated in the National Criminal Flowchart at annex. 1.3 The Crime, Justice and Security Statistical System Justification Having a good crime, justice and security statistical system for the production of reliable statistics is part of the framework of the modern Mauritian state. The government, for effective decision making, needs to know: What is happening in the country (e.g. level of crime rate) How law enforcement agencies are coping (e.g. ratio of police to population) What is likely to happen in the future (forecasting) Foreign governments and other international organization also need to know the facts for the comfort of their diplomats, citizens and tourists. The public and potential business investors need to be assured of the safety of themselves and their investments. It is also important to ensure that these statistics are published timely; be available for public commentary by the press and media

6 Country paper on CJS World Bank recommendations In the context of this framework, the Mauritian Government sought and obtained technical assistance from the World Bank to improve its CJS statistical system As a result, Mauritius participated in the General Data Dissemination System project of the World Bank from 2007 to Experts, namely Professor Christopher Lewis and Mr Etienne De Fortier visited Mauritius and made the following main recommendations: Extend the coverage of statistics to the main CJS departments, Develop a National Criminal Flow Chart, and a standardised and harmonised list of definitions and classifications, Statistics Mauritius (SM) takes the lead to coordinate the statistical activities of the CJS departments through a high level steering committee and sub technical committees, SM is part of all discussions concerning development of the IT systems to ensure that reports are available as per statistical standards and definitions Implementation of the CJS statistical system To begin with, advocacy meetings were held at the managerial and operational level at the concerned institutions, and a data need assessment was carried out by SM. Also, in accordance with the above recommendations: i. A high level CJS statistical committee was set up with SM acting as coordinator and comprised high level Officers from the main CJS institutions mentioned above and from other stakeholders, for instance The State Law Office, The Law Reform Commission, The Director of Public Prosecution s Office and The Ministry of Information Technology. The mandate of the committee is: ii. the enhancement of statistical literacy; cooperation among the different CJS institutions in the production of effective and timely statistical information; while avoiding duplication of tasks for an efficient data production; ensure that the different IT Systems developed at the different institutions are compatible for sharing of information. Different technical committees meet at the different CJS departments to discuss the operational implementation of the recommendations

7 Country paper on CJS 2012 iii. In addition, a committee, led by SM and comprising officers from the abovementioned institutions as well as other major stakeholders, meets annually for the analysis of CJS data before its publication. 1.4 Statistics Mauritius Administrative data Furthermore, so as to maintain a dynamic system which responds to users needs, staffs of Statistics Mauritius (SM), headed by a Statistician, are posted at the different institutions. Consequently, the statistical system is regularly reviewed so as to ensure that statistical standards, concepts, definitions and classifications are being used and, to enhance harmonization, comparability and quality of statistics produced by the various institutions. The CJS units design collection tools to collect administrative data and intermediate IT system for the data processing. It publishes an Economic and Social Indicator and a Digest on Crime, Justice and Security statistics annually. The publications cover statistics from the MPF and also from the Judiciary department, the MPS, and the Probation and After-care Service, for the Republic of Mauritius Historical data To allow long trend analysis of crime, justice and security data, a historical series is also available on SM website Survey data Since 2004, SM is recurrently adding modules on safety and security in its Continuous Multipurpose Household Survey. The results of these surveys can be accessed on SM website. The following topics have been covered: - 5 -

8 Country paper on CJS 2012 Continuous Multi-purpose Household Survey Year of Survey Topic covered Publication Security measures for dwellings and vehicles 2. Victimisation for vehicle theft, burglary and personal theft Digest CJS Feeling of safety 2. Victimisation for vehicle theft, burglary and personal theft 1. Perception on police visibility and performance 2. Awareness of police campaigns against crime 1. Perception on crime level and its evolution 2. Victimisation for vehicle theft, burglary and personal theft Digest CJS 2007 Digest CJS 2009 Digest CJS Definition and Classifications Local definition and classification The definitions and classification used across the system (Police. Judiciary, Prisons and Probation and After-care), are based mainly on the Criminal Code Act A detailed glossary of terms can be accessed at the following website: The main definitions based on the Criminal Code Act 1838 are as follows:- Offences punishable by the law are: Crimes (Very serious offences, e.g. murder, rape, larceny with violence) Misdemeanours (Less serious offences, e.g. simple assault, simple larceny) Contraventions (Least serious offences, e.g. road traffic offences) International definition and classification To enable international comparison a conversion has been made between the local offences and international classification of offences of the UNODC. 1.6 References and manuals used Recommendation reports of the different workshops of the GDDS, Professor C. Lewis and Mr Etienne De Fortier. The UN Manual for the Development of a System of Criminal Justice Statistics (UNODC). The Manual for the measurement of Juvenile Justice Indicators (UNODC). The Victimization Survey Manual (UNODC)

9 Country paper on CJS 2012 Chapter 2 - The Mauritius Police Force 2.1 Introduction This chapter gives an overview of the Mauritius Police Force (MPF) and describes the current statistical system of the department. The forms used by MPF for records purposes mentioned in this report are annexed. 2.2 Duties and responsibilities The duties of the MPF are prescribed under section 9 of the Police Act of 1974 as follows:- Preserving the public peace Preventing and detecting offences Apprehending persons who have committed, or who are reasonably suspected of having committed offences Regulating processions and gatherings on public roads and in public places, or places of public resort Regulating traffic and preventing or removing obstructions from public roads Preserving order in public places and places of public resort, at public gatherings and assemblies for public amusement Assisting in implementing health, quarantine, customs and excise laws Assisting in preserving order in ports, harbours and airports Executing process issued by any Court Swearing information and conducting prosecutions Performing such other functions as may be conferred on Police officers under any other enactment The Police are also responsible for: The registration and licensing of firearms Firearms Act 1940 The issuing of driving licenses Road Traffic Regulations The checking of trade premises and enforcement of the Trade Industries Classification Act

10 Country paper on CJS 2012 The prevention and detection of illicit distillation of spirits Excise Act 1985 The enforcement of the law enshrined under the Dangerous Drugs Act 1986 The enforcement of laws relating to trade licenses, weights and measures The conduct of enquiries into the means of persons who appeal in forma pauperis The conduct of enquiries into Forest Law Contraventions The conduct of enquiries at the request of the National Transport Authority into the non renewal of motor vehicle licenses The conduct of enquiries into petitions of various nature Sentry duty over detainees admitted in hospitals for treatment 2.3 Institutional framework and accountability The MPF operates under the aegis of the Prime Minister s Office and is under the direct command of the Commissioner of Police who is assisted by Deputy Commissioners, Assistant Commissioners and Superintendents. Police stations report to Divisional Headquarters which in turn are answerable to the Police headquarters. MPF comprises around 11,000 police officers among whom about 75% are Police Constables and 10% are Police Sergeants. All administration orders emanate from the Police headquarter found at Line Barracks, Port Louis. 2.4 Structure There are 79 police stations, 13 police posts and 20 National Coast Guard (NCG) Posts spread around the Island of Mauritius, Rodrigues, Agalega, and St Brandon. Furthermore, there are 2 NCG Posts at La Cuvette and Flat Island attached to Grand Bay NCG and another 2 NCG Mobile Posts at Albion and Poste La Fayette. Police posts are mainly situated in hospitals, the Government House and the Central Market. For administrative purposes and in order to optimize operational efficiency, Mauritius is divided into Police Divisions as follows:- Metropolitan Port Louis North Division Metropolitan Port Louis South Division - 8 -

11 Country paper on CJS 2012 Northern Division Eastern Division Western Division Central Division Southern Division Rodrigues Division The different components of the Mauritius Police Force are:- Police Headquarters Criminal Investigation Division (CID), the Passport & Immigration Office, the Communications Branch, the Traffic Branch, the Stores Branch, the Pay Branch and other administrative branches Police Divisions, which cover the whole area of the country and are sub- divided into Police Station areas Special Mobile Force (Paramilitary Wing) Special Support Unit (Anti-Riot Police) Divisional Support Unit Anti Drug & Smuggling Unit National Security Service National Coast Guard which ensures the policing of the territorial waters of the country and its Exclusive Economic Zone Helicopter Squadron Central CID, which included the Scene of Crime Officers (SOCO) Unit, the Major Crime Investigation Team, the Technical Support Unit and the Fraud Squad Complaints Investigation Bureau (CIB) Emergency Response Service Crime Prevention Unit Road Safety Unit Police Medical and Scientific Unit Police Family Protection Unit, Brigade pour la protection des mineurs - 9 -

12 Country paper on CJS 2012 Airport Police Port Police Police Band Rodrigues Police (outer island) Agalega Police (outer island) Crime Intelligence Unit Police du Tourisme Police du Transport Brigade de Jeux 2.5 Methods of data recording Reported offences (Crimes & misdemaenours) When an offence is reported at a Police Station, the particulars of the offence committed are recorded in the Occurrence Book. The case is given an occurrence number which is also known as the O.B Number. The Occurrence Book contains the following fields:- Date/Occurrence Book No. Detail of occurrence (Name of victims/ offenders, age, gender, place, etc) Remarks (Action taken, Outcome, Any other remarks) Enquiry and Prosecution Enquiry is carried out by enquiring officers at the Police Station Level or at the Divisional CID or at the Central Criminal Investigation Department (CCID). When an enquiry has been completed, all documents related to the investigation are filed in the Folder PF 156 which contains the following enquiry documents and forms: PF 75 (extract of Occurrence book) Statement of accused party, complainant and witness Statement relating to the examination of spot Photograph of the scene of crime Plan preview of spot Statement of enquiry officer PF58 if offence committed is assault, rape or accident

13 Country paper on CJS 2012 NIP (Notice of intended prosecution) PF 19 or 20 for F.O and PF 15 in case of N.F.O PF15 contains details about the offender s previous conviction which are retrieved from the Crime Records Office (CRO) central data base. The case file is entered in the manual cause book in the Prosecution Office and the following fields are captured in the register:- Serial number and OB number Station PMP or letter Number Name of accuse Offence (s) Case No, Date lodged and Movement Prosecutors name Remark After enquiry After enquiry, all documents related to the criminal event are filed in the PF 156 and sent to the Divisional Police Prosecution Unit (PPU) or the Central Police Prosecution Office (PPO). Cases may be set aside on account of insufficient evidence, no offence disclosed, accused unknown, death of accused, etc. Otherwise, they are sent to Court for prosecution according to the gravity or category of offence and as decided by the Director of Public Prosecutions (DPP) After Judicial proceedings If the offender is convicted during the judicial proceedings, the convictions are recorded in Part B of the PF 19 or PF 20 where the following fields are captured:- OB Number Police Station Date of offence Date of conviction The Name of Court Cause Number

14 Country paper on CJS 2012 Offence under which convicted Section of law and Sentence Brief history of case The Registry of the Prosecution Office is updated and the case file is returned back to the police station where the occurrence book is updated (Remarks Column). The original of the PF 19 & PF 20 is also sent to the Crime Records Office (CRO) for record purposes. The CRO gives the case a CRO No. and enters the particulars of the conviction in the Master Registry. The software known as the Criminal Attribute Data Base (CADB date base) contains the following fields:- Name Date convicted Court, Cause Number CRO Number Age, Juvenile/Female New Habitual Criminal Number Habitual Criminal Reconviction Connected Serial Number Sentence Offence Dangerous Drug Personal Identification number CADB is also updated from the information available in the PF19 & 20 (for very serious offences) or in the PF 14 (for less serious offences). The manual recording in the Master registry is done in parallel with the automated system (CADB) as a measure of security Contraventions established When Police Officers establish a contravention, whether related to road traffic, environment or any other offence, it is recorded in the police station occurrence book with an OB number. Then a contravention case file PF 194 is filled in with particulars of the contravener. The fields available are as follows:- OB Number

15 Country paper on CJS 2012 Name, Age, Sex, Profession, Address Driving License Number National Identity Number Type of offence committed, date, place and time offence committed Particulars of vehicle Insurance policy The contravention can be established either through: Fixed penalty notice (FPN) whereby the contravener pays the fine directly to the cash office of the Judiciary within 21 days, and do not have to appear before a court, or Fixed Closed Circuit Television (CCTV) (e.g. speeding offences) whereby the contravener obtains a letter and is requested to pay the fine within a prescribed date, or Traditional mode for which enquiry is carried out. The case file includes the previous conviction of the contravener if he/she has any. After completion of enquiry and with the decision of the Superior Officer, the case file is sent to court for prosecution. After prosecution the case file is returned to the police station concerned where the contravention card index is filled in. Concerning road traffic offences, before the case is sent to the Prosecution Office, PF 194 which contains the following forms and documents are filed: PF 219 detail of license Detail of previous conviction Detail of vehicle Statement of driver Statement of police officer After prosecution, the conviction is sent to the police traffic branch for record purposes. The records of drivers together with their previous convictions, if any, are kept in a database developed on FOXPRO. The fields in the conviction records PF 219 are as follows:- Name, Date of birth Address

16 Country paper on CJS 2012 License Number National Identity Card number Type of Offence committed Court/ Cause no/ Date/ Penalty inflicted The data found on the computer system of the traffic branch are uploaded once every week on the database of the CRO, CADB system. Consequently, the information is available to all police stations found in the seven police districts. 2.6 Automation Currently, the computer softwares available at the police department are: Crime Occurrence Tracking System Criminal Attribute Database (CADB) Fingerprint Analysis & Criminal Tracing System (FACT) Statistics Software - FOXPRO based system Software at the Traffic Branch Section Microsoft Access The records are not linked and are primarily used for storage and for access to individual records for enquiry Crime Occurrence Tracking System (COTS) The COTS is a newly developed system and is at the implementation phase. It will contain records on: Details of cases from the reporting stage, enquiry, and prosecution to the disposal of the cases Particulars of offenders Particulars of victims CADB The CADB is linked to all police stations including Rodrigues but can be updated only at the CRO. It is used at the police stations to verify previous convictions of the accused and thereby filling PF 15. The following fields can be queried for any accused that has a previous conviction:- CRO number /OB number /OB date

17 Country paper on CJS 2012 Police station Conviction date Court number/cause number Sentence and sentence description Offence and Section of law Name, PIN, National Identity Card Number Date of birth Address (House number) CADB is updated only at the CRO from PF 19, 20 & PF14 which are obtained from the prosecution offices located all over the Island. At the police station, the Police Officer can only query the database for information about previous convictions and thereby filling the PF15. Each time the system is updated at the CRO, the entry is given a CRO No. together with a Personal Identification Number (PIN No.). Other menus available on the system are: Missing person details Stolen /lost vehicles Found vehicles Stolen/lost property Found property Every Saturday the system is uploaded with details from the Traffic Branch. The Traffic Branch has a similar database but is related only to Road Traffic offences and details obtained from the National Transport Authority. Fields related to the Traffic Branch are: Vehicle Registration Number Chassis Number Engine Number Frame Number, Model, Color Owners Name, Address, NIC, Date stolen, Date reported

18 Country paper on CJS FACT The FACT is a software linked with the CADB system and is used for matching fingerprints of suspects. PF 19 & 20 is scanned from Police Divisional Headquarters and is sent to the CRO where officers match the fingerprint and send results to be updated in PF19 & 20. After judicial proceeding, the Prosecution Officer sends the PF19 & 20 to CRO to update the database of the convicted person. If the judgement is dismissed, PF19 & 20 is not sent to CRO. The CADB is a database for convicted finger-printable offence only Statistic Software - FOXPRO based system The FOXPRO based system was developed by the State Informatics Limited for the CRO. Stations clerk fill up the forms PF A, B & C which are sent monthly to the CRO. The forms are monthly return of cases by type of offence reported. The Information on the form is eventually fed in the FOXPRO System. The computer system can display comparative monthly reports of cases by type of offence, police station wise, division-wise and island-wise. Fields captured on the system are: Type of offence Police Station Cases not taken to court/cases taken to court/ Untrue cases not taken to court Civil cases/false or doubtful cases/ Trivial cases/true cases not taken to court Number of offence committed Accused unknown/accused absconded Insufficient evidence Accused dead or insane No further action Pending investigation/at Station Police level/at enquiry Pool Level/At District CID level Traffic Branch (FoxPro) The Traffic Branch software is FoxPro base and was developed by Central Informatics System Division (CISD). It holds the records of all traffic license holders, bus conductors, previous conviction of drivers and conductors. The system also caters for

19 Country paper on CJS 2012 holding of appointments for oral and practical test. The system does not produce any statistics or reports but license cards/previous conviction can be printed. Daily appointment list regarding traffic test can also be produced. The various fields available are: - Driving License No Name/Address/Age Particulars of License held Convictions Appointment Dates ACCESS database (a) Police prosecution unit The Police Prosecution unit has a Simple Access System mainly used for case management. Statistics cannot be retrieved from the computerized system. The various fields available are:- PMP Number/Letter Number Date received Offence OB Number/Station Accused Name Victims Name Transit/Movement Result (conviction) (b) Anti-Drug and Smuggling unit (ADSU) The ADSU has a well developed Access System mainly used for case management and recording of offences and offenders records. Statistics are retrieved from the computerized system on request. Some of the fields available are:- Offence OB Number/Station Accused Name and other particulars Type, quantity seized and commercial value of drugs

20 Country paper on CJS Data collection and publications Mauritius Police force (MPF) Data are collected manually (paper forms) by the CRO from all police divisions/stations and police posts/units. They are compiled to produce statistics and reports for the following publications: The Annual Report of the Mauritius Police Force The Police Magazine The Threat Assessment The Force Control Strategy The Force/ Divisional Annual Policing Plans Monthly reports The monthly reports are used for analysis to feed the Force Strategic/Tactical Tasking and Coordination group meetings headed by the Commissioner of Police. The reports include data on reported cases by type of offence and status of enquiry, which can be broken down to island, police station and division levels. (a) Police Station level At the police station level, a manual system is used to compile data. Cases reported are entered in an Occurrence book by the Police Officers. They then refer to the Occurrence Book to fill up the following statistical cards:- Cases reported Crimes Misdemeanours Statistical cards used at police stations PF 130,131,132,133,134,134A PF 151,152,153,154,154A, 154B Contraventions PF 144,145, 147,148 Other Occurrences (other than offences, e.g. suicides) PF 149 The fields present and captured depending on the status of the case in the above mentioned forms are:

21 Country paper on CJS 2012 Serial Number/OB Number/Date Type of offence/ declaration Name of Accused/declarant/Sex/Age Date of Dispatch/Date of Decision by Deciding Officer Decision (Prosecuted or not prosecuted) No. of persons prosecuted Date of lodging in the Court Court Cause number Result of Prosecution Disposal of articles seized No. of persons convicted Details of conviction Action taken and Remarks The Station Clerks refer to the above mentioned cards to fill up the forms PF A, B & C which are eventually sent to the Crime Record Office for compilation of case statistics. They also fill in other forms either annually or quarterly or on an ad-hoc basis (parliamentary questions or other request from users). (b) Prosecution level At the Divisional Police Prosecution Offices and Central Police Prosecution Unit, statistics on number of persons coming into formal contact with the police (arrested and cautioned), number of persons prosecuted by type of offence are compiled using to the manual registers only Police statistics unit Data on reported offences and victims (against persons) are collected from police stations and divisions by the CRO. The Statistics unit analyzes the data to produce information for the Government of Mauritius, International Organizations and for other users of statistics and publishes same through its Economic and Social Indicators and Digests

22 Country paper on CJS Indicators Statistics relating to the following indicators are published: Cases reported by detailed and type of offences according to local and international classification (United Nations Office on Drugs and Crime UNODC) Offences reported by police divisions and units Quantity and monetary value of drugs seized Juvenile offences and offenders reported Reported number of victims of selected offences by socio-demographic, type of offences and other characteristics Status of reported offences, i.e. number of cases investigated and taken to Court, not taken to Court, and number of cases pending investigations Number of persons arrested and the Number of persons prosecuted Number of police stations & posts and staff of the MPF Total expenditure of the MPF (Source: Annual Report of the Accountant General) 2.9 Metadata Coverage Data on offences are based on administrative records of the police department Periodicity Data on reported cases and victims are available monthly whereas data on the status of cases and juvenile statistics are available quarterly and annually respectively Dissemination formats Data are disseminated through: (i) The annual publication Annual report of the Mauritius Police Force and is available only in hard copy. (ii) Through the annual publications The Economic and Social Indicator on Crime, Justice and Security statistics and the Digest of Crime, Justice and Security statistics. The publications are available both in hard copy and on the website of the Statistics Mauritius,

23 Country paper on CJS 2012 Chapter 3 - The Judiciary

24 Country paper on CJS Introduction This chapter covers the Judicial System. It starts with an overview of the structure of the Judicial System in Section 3.2 and describes the current statistical system of the department. The coverage is restricted to criminal jurisdiction. 3.2 Responsibility of the Judicial System The Judiciary is responsible for the administration of justice and its role is to maintain an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedom of the individual, and commands domestic and international confidence. The Judiciary is one of the three pillars of our sovereign democratic state. By virtue of the Constitution, it is vested with the power to administer justice in the Republic of Mauritius. 3.3 Institutional framework and accountability Conformably with the Constitution which provides for the institution of an independent judiciary based on the concept of separation of powers, the Mauritian Judiciary constitutes a vital element for the functioning of our democratic system of government in upholding the rule of law. The Chief Justice is the head of the Judiciary

25 Country paper on CJS Structure The following flowchart gives an overview of the Court Structure in the Republic of Mauritius Judicial Committe of the Privy Council Supreme Court Appellate Jurisdiction of the Supreme Court Supreme Court as court of first instance in civil and criminal matters Subordinate Courts Intermediate Court Industrial Court District Courts

26 Country paper on CJS 2012 Mauritius has a single-structured judicial system consisting of two parts - the Supreme Court and the subordinate courts. The Supreme Court has various divisions exercising jurisdiction as the Master s Court, the Court of first instance in civil and criminal proceedings, the appellate jurisdiction (to hear and determine civil & criminal appeals from decisions of the subordinate courts), the Court of Civil Appeal and the Court of Criminal Appeal (to hear and determine appeals from decisions of the Supreme Court sitting as Court of first instance in civil and criminal proceedings). The Subordinate Courts are the Intermediate Court, the Industrial Court, the District Courts, the Juvenile Court, the Bail and Remand Court and the Court of Rodrigues. The Judicial Committee of the Privy Council is the final court of appeal of Mauritius. 3.5Composition and Criminal Jurisdiction of the Supreme Court The Supreme Court The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and such number of Puisne Judges as may be prescribed by Parliament. In 2012, there are 18 Puisne Judges (Section 76(2) of the Constitution). The Supreme Court is a superior Court of Record and has unlimited jurisdiction to hear and determine any civil and criminal proceedings. It has the same original jurisdiction as the High Court in England and is vested with all the necessary powers and authority to exercise its equitable jurisdiction as a Court of Equity. The Supreme Court also exercises supervisory jurisdiction over the subordinate courts in order to ensure that justice is duly administered by any such court. It has original jurisdiction to determine whether any provision of the Constitution has been contravened, including the power to determine whether any law made by Parliament is void on the ground that it contravenes any section of the Constitution. It is also empowered to secure the enforcement of the protective provisions entrenched in the Constitution The Criminal Division of the Supreme Court The Supreme Court is the principal Court of original criminal jurisdiction. It has jurisdiction to try any person charged with having committed a crime or a misdemeanor. Assizes and serious drug cases are heard on every working day at the Criminal Division

27 Country paper on CJS 2012 of the Supreme Court. Criminal trials are either held before a Presiding Judge and a jury consisting of 9 persons who are qualified to serve as jurors or before a Presiding Judge without a jury. Offences laid down under the Criminal Code, falling under the exclusive jurisdiction of the Supreme Court are tried before a Presiding Judge and a jury. In the exercise of its criminal jurisdiction, the Supreme Court is empowered to inflict life imprisonment for certain serious offences Appellate Jurisdiction The Supreme Court has full power and jurisdiction to hear and determine all appeal cases, whether civil or criminal, made to the court from the decision of: the Judge in Chambers; the Master s Court; the Intermediate Court; the Industrial Court; the District Courts and a body established under any other enactment. Appeals to the Supreme Court are heard before at least two judges, except as otherwise provided for in any other enactment The Court of Criminal Appeal The Court of Criminal Appeal is a division of the Supreme Court. It is constituted of three Judges and has full power to hear and determine all appeals from the decisions of the Supreme Court sitting as the Court of first instance in criminal proceedings. The Chief Justice and, in his absence, the Senior Puisne Judge, presides over the Court of Criminal Appeal

28 Country paper on CJS The Judicial Committee of the Privy Council The Judicial Committee is the final court of appeal of Mauritius. An appeal shall lie from decisions of the Court of Appeal or of the Supreme Court to the Judicial Committee as of right in the following cases: Final decisions, in any civil or criminal proceedings, on questions as to the interpretation of the Constitution Where the matter in dispute on the appeal to the Judicial Committee is of the value of Rs 10,000 or upwards or where the appeal involves, directly or indirectly, a claim to or a question respecting property or a right of the value of Rs 10,000 or upwards Final decisions in proceedings under section 17 of the Constitution for the enforcement of protective provisions With leave of the Supreme Court where in the opinion of the Court the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to the Judicial Committee Since 2008, the Judicial Committee of the Privy Council periodically holds sittings in Mauritius to hear appeals from decisions of the Supreme Court of Mauritius. 3.7 Structure and Establishment of the Lower Judiciary - Subordinate Courts The Intermediate Court The Intermediate Court is established under the Courts Act and has civil and criminal jurisdiction in all districts of Mauritius including Rodrigues. It consists of two Presidents, two Vice-Presidents and any such number of Magistrates Intermediate Court established under the Civil Establishment Act. The Intermediate Court has jurisdiction to hear and determine serious criminal offences provided under specific sections of the Criminal Code and any other offence that can be tried by the Intermediate Court under any other enactment. It has power to inflict penal servitude on convicted offenders for a period not exceeding fifteen years and imprisonment for a period not exceeding ten years. However, for persistent offenders, the Intermediate Court may increase the sentence to twenty years penal servitude. The

29 Country paper on CJS 2012 Intermediate Court is also empowered to inflict a higher sentence for offences under the Dangerous Drugs Act and the Criminal Code Industrial Court The Industrial Court consists of a President and a Vice-President. Established under the Industrial Court Act, it has exclusive civil and criminal jurisdiction to try any matter arising out of the Labour Act, Boilers Act, Employment and Training Act, Export Processing Zones Act, Passenger Transport Industry (Buses) Retiring Benefits Act, Sugar Industry Retiring Benefits Act, Workmen s Compensation Act and Health & Welfare legislations District Courts There are ten District Courts in the Island of Mauritius and one in Rodrigues. The District Courts have jurisdiction to try and determine both civil and criminal cases as provided for by the law. Each District Court is presided by a Senior District Magistrate and any such number of District Magistrates as may be decided by the Chief Justice. The District Court has power and jurisdiction to hear, try and determine criminal cases punishable by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100,000. By virtue of the Protection from Domestic Violence Act 1997, the District Clerks are entrusted with the duty of receiving and processing applications for a Protection Order from aggrieved spouse victims of domestic violence. The District Magistrates are empowered to hear and determine such cases and to issue Protection Orders when the Court is satisfied that there is a serious risk of harm for the applicants. The District Magistrates are also empowered to receive and determine applications for the issue of Occupation Orders and Tenancy Orders. Such orders confer upon the victim of domestic violence the exclusive right to the use and occupation of the conjugal house Juvenile Court The District Magistrates exercise jurisdiction as Magistrate of the Juvenile Court. The Juvenile Court tries criminal offences committed by young persons years old. The Juvenile Court also deals with children who are beyond parental control and/or who need care and protection

30 Country paper on CJS Bail and Remand Court (BRC) The Bail and Remand Court (BRC) established under Part IV of the Bail Act 1999, as subsequently amended by Act No 34 of 2011, has exclusive jurisdiction with regard to remand or release of persons charged with an offence or arrested on reasonable suspicion of having committed an offence, and operates on weekends and public holidays to safeguard the constitutional rights of detainees. The BRC is presided over by a District Magistrate and operates from the premises of the New Court House, Port Louis Court of Rodrigues and Outer islands In Rodrigues, justice is administered by a full-time Magistrate and a visiting Judge of the Supreme Court. A Magistrate also visits the other smaller islands, like Agalega which forms part of the Republic of Mauritius. 3.8 Methods of data recording Supreme Court The following types of criminal cases are lodged at the Registry of the Supreme Court (Le Greffe): Criminal cases at the Assizes (Trial by jury) Criminal cases at the Assizes (Trial without a jury) Criminal appeals from Lower Courts Criminal appeals before the Court of Criminal Appeals Criminal cases at the Assizes are brought to the Supreme Court by the Director of Public Prosecutions. These cases are lodged in the Assizes Register kept at the Registry by a Court Officer. All the proceedings as well as the judgment relating to the case are kept in the file for each case. Different fields in the Assizes Register are as follows: Record number Name of accused Offence committed Date of judgment Sentence

31 Country paper on CJS 2012 Judge s signature Remarks Criminal appeals are lodged in an Action Book and are also input on computer. The fields in the Action Book are similar to those used for the Subordinate Courts. Only cases lodged are input on computer since provision has not been made in the system to feed in cases disposed Subordinate Courts In respect of each case, the Prosecutor lodges Information prepared by his office, at times, after consultation with the Director of Public Prosecutions Office for serious cases. The Information contains the following details: Date of offence Place where the offence has been committed Particulars of the accused (age, address and sometimes occupation is also mentioned) Number of offence/s committed Type of offence/s committed The different fields available in the Cause Book are as follows: Cause number Date of complaint Date of judgment Name of the informant Name of the accused Offences committed Judgment or decision Fines/costs/witness fees Number of the cash book where the fine has been paid Remarks Court Officers of Subordinate Courts register the information (as above) in the Cause Book and then open a file and fill in these same particulars on its front cover. Every time the case is heard before the Magistrate, both the file and the Cause Book are updated

32 Country paper on CJS 2012 The Magistrate updates the Daily Roll of cases. The Daily Rolls for each month are kept separately. The fields available in the Daily Roll are as follows: Cause number Date of entry in Cause Book Complainant Name of accused Offence committed Magistrate s decision 3.9 Automation New Court House application system In year 2000, an application system known as the NCHAS (New Court House Application System) was developed for recording cases. The system is being used at the Intermediate Court, the District Courts of Port Louis (Divisions I, II & III) and the Industrial Court, all located in the New Court House ACCESS System In 2002, a Court Officer of the Rose Hill District Court developed a system on Microsoft Access. The system was developed to respond to queries and to generate Daily Rolls of cases. Since the system was user-friendly, it was extended to other District Courts. Different fields available in the system are: Cause number Type of cases Date lodged Filing party Name of accused Charges Counsel Status of the case Name of Magistrate Date of offence Place of offence

33 Country paper on CJS 2012 Name, age, address and profession of accused Gender Adult/juvenile Judgment Date of Judgment Bond number (if on bail) Date of release on bail Different statistics can be retrieved from the system if all the necessary data are captured. However, only lodged cases are entered in the system e-judiciary The Judiciary has since April 2010, embarked on the development and implementation of an electronic filing of cases and an electronic case management system. Phase I of the project concerns cases lodged before the Supreme Court (Commercial & Civil cases) and before Judge in Chambers. A successful implementation of phase I will pave the way, during the 2nd phase, for the roll out of the automated system to other divisions of the Supreme Court, and to the lower jurisdictions of the Judiciary. Phase II will also provide for online filing and management of criminal cases brought before all courts, with links to any electronic system operated by other departments having interaction with the Judiciary Data collection and publication Judiciary statistics unit Data collected by the statistics unit from all courts of the Republic of Mauritius, and they are compiled to produce statistics and reports mainly for the Annual Report of the Judiciary, the Economic and Social indicators and Digest. (a) Supreme Court Every quarter, the Judiciary Statistics unit sends returns on criminal cases to be filled in at the Registry of the Supreme Court (Le Greffe). Court Officers refer to the Action Book and the Weekly Programmes of cases to fill in these returns

34 Country paper on CJS 2012 (b) Subordinate Courts Monthly returns of crime statistics by type of offences and outcome of judgement are prepared by Subordinate Courts on the basis of Daily Rolls and then sent to the Judiciary Statistics unit. However, since 2011, criminal statistics for the District Courts of Port Louis (Divisions II & III) are retrieved from the NCHAS (New Court House Application System). Statistics regarding the number of criminal cases lodged, disposed and outstanding are monthly compiled from administrative returns and sent to the Master and Registrar of the Supreme Court by Court Officers of the Subordinate Courts and a copy is sent to the Judiciary Statistics unit Indicators Indicators currently compiled are as follows: Number of criminal cases lodged, disposed and outstanding by courts Number of criminal appeal cases lodged Number of offences disposed by type of offences (UN classifications) Number of offences disposed by outcome of judgment Number of offences disposed by adult/juvenile Staff of the Judiciary by grade and sex Expenditure of the Judiciary and its share as a percentage of total Government expenditure The indicators listed above (five first ones) are available at national level but can be broken down into: Island level and Court level 3.12 Metadata Coverage Data on criminal cases and offences are obtained from the registers of all courts of the Republic of Mauritius, namely the Supreme Court, the Intermediate Court, the Industrial Court and the 13 District Courts including the Court of Rodrigues

35 Country paper on CJS Periodicity Data on criminal cases from the Supreme Court are collected on a quarterly basis while the number of criminal cases lodged, disposed and outstanding and criminal offences disposed at various courts are collected on a monthly basis. All data are, however, released on an annual basis Dissemination formats Data on criminal cases and offences are disseminated through: (i) The Annual Report of the Judiciary. The publication is available in hard copy and on the Supreme Court website ( (ii) The annual Economic and Social Indicator and the Digest on Crime, Justice and Security Statistics. The publications are available in hard copies and on Statistics Mauritius website (

36 Country paper on CJS 2012 Chapter 4 - Mauritius Prisons Service 4. 1 Introduction This chapter covers an overview of the Mauritius Prisons Service (MPS) and describes the current statistical system of the department. 4.2 Duties and Responsibilities Duties of the MPS To monitor all statutory intramural sentences To provide a safe and healthy environment for the detainees conducive to their rehabilitation, spiritual enhancement and vocational training To facilitate and safeguard ways and means for the detainees contact with outside world, i.e. spouse, children, parents and next of kin To provide the necessary structures that will be beneficial for all detainees in terms of education and vocational training To apprise and sensitize the detainees on the ill effects of substance abuse and to empower them so that they may lead a drug- free life To provide the detainees with all the required structures for their mental and physical development through sports and games To continuously upgrade and rethink physical structures of the prison so that they may be congruent with a healthy and peaceful environment Responsibilities of the MPS Keep detainees in custody Maintain order, control, discipline and safe environment Provide decent conditions for detainees and meet their needs, including medical care, advice on and help with personal problems Provide positive regimes which help detainees to address their offending behavior and prepare them to live a full and responsible life Help towards rehabilitation of detainees. Provide a delivery of prison services using resources provided by Parliament with maximum efficiency

37 Country paper on CJS 2012 Co-operate closely with other criminal justice agencies and contribute to the effectiveness and development of the criminal justice system as a whole Responsibilities of the Commissioner of Prisons as stated in the Reform Institutions Act 1988 The administration of the institutions and the control and supervision of detainees shall be vested in the Commissioner. Any act or thing which may be done or ordered to be done by the Commissioner may be done or ordered to be done by a Deputy Commissioner or the Assistant Commissioner and, by direction in writing of the Commissioner, by an officer not below the rank of Assistant Superintendent. 4.3 Institutional framework and accountability The MPS operates under the aegis of the Prime Minister s Office and is under the direct command of the Commissioner of Prisons who is assisted by Deputy Commissioners, Assistant Commissioners and Superintendents. The Rodrigues Prison is under the direct supervision of the Island Chief secretary of Rodrigues. The general administration is however under the responsibility of the Commissioner of Prison